Further and Higher Education Act 1992

General E+W

14 Meaning of “further education”, “secondary education”, “school” and “pupil”. E+W

(1) Subject to subsection (2) below, for the purposes of the Education Acts education to which this subsection applies, that is, full-time education suitable to the requirements of persons over compulsory school age who have not attained the age of nineteen years, is further education not secondary education.

(2) Subject to subsection (3) below, for the purposes of those Acts—

(a) education falling within section 8(1)(b) of the M1 Education Act 1944 (full-time education suitable to the requirements of pupils of compulsory school age), and

(b) education to which subsection (1) above applies provided at a school where education falling within section 8(1)(b) of that Act is also provided,

is secondary education not further education.

(3) For the purposes of the Education Acts education provided for persons who have attained the age of nineteen years is further education not secondary education; but where a person has begun a particular course of secondary education before attaining the age of eighteen years, then, if he continues to attend that course, the education does not cease to be secondary education by reason of his having attained the age of nineteen years.

(4) In subsections (1) to (3) above “education” does not include higher education.

(5) For the purposes of the Education Acts “school” means an educational institution not within the further education sector or the higher education sector, being an institution for providing any one or more of the following—

(a) primary education,

(b) education which is secondary education by virtue of subsection (2)(a) above, or

(c) education to which subsection (1) above applies,

whether or not the institution also provides [F1 part-time education suitable to the requirements of junior pupils] further education or other secondary education.

(6) For the purposes of the Education Acts, and of any instrument made or having effect as if made under those Acts, “pupil” means a person for whom education is being provided at a school, other than—

(a) a person who has attained the age of nineteen years for whom further education is being provided, or

(b) a person for whom part-time education suitable to the requirements of persons of any age over compulsory school age is being provided.

Textual Amendments

F1 Words in s. 14(5) inserted (1.4.1994) before the words 'further education' by 1993 c. 35, s. 304(1); S.I. 1994/507, art. 4 Sch.2

Commencement Information

I1 S. 14 wholly in force: s. 14(1)-(4) in force for certain purposes at 6.5.1992; s. 14(1)-(4) in force for certain purposes at 30.9.1992; s. 14(1)-(5) wholly in force at 1.4.1993; s. 14(6) in force at 1.8.1993, see s. 94(3) and S.I. 1992/831, art. 2, Schs. 1-4

Marginal Citations

M1 1944 c. 31.